The Tennessee Supreme Court this morning ruled that Anna Mae He must be returned to her Chinese parents. The girl, who is now 8 years old, was adopted by a Bartlett couple after the biological parents asked them to raise her. The He family later sought to regain custody. The high court ruled today that the Hes did not understand the consequences of their actions when they transferred custody and guardianship of the girl. The court sent the case back to chancery court for transfer to the juvenile court and implementation of a plan to reunite the child with her natural parents. Read the court's opinion. The Knoxville News Sentinel has the story:

TODAY'S OPINIONSClick on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format. To search all opinions in the TBALink database, go to our OpinionSearch page. If you have forgotten your password or need to obtain a password, you can look it up on TBALink at http://www.tba.org/getpassword.mgi.

TBA members can get the full-text versions of these opinions three ways detailed below.
All methods require a TBA username and password. If you have forgotten your password or need to obtain a password,
you can look it up on-line at http://www.tba.org/getpassword.mgi

Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then
open them from there. Click the URL at end of each Opinion paragraph below. This should give you the option to
download the original document. If not, you may need to right-click on the URL to get the option to save the file
to your computer. Do a key word search in the Search Link area of TBALink. This option will allow you to view
and save a plain-text version of the opinion. Browse the Opinion List area of TBALink.
This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

IN RE ADOPTION OF A.M.H.

Court: TSC

Attorneys:

David A. Siegel, Memphis, Tennessee, for the appellant, Shao-Qiang (AJack@) He

This case concerns the termination of parental rights. The appellants, who are the parents, seek reversal of the termination of their parental rights to the care and custody of their daughter, A.M.H. The trial court predicated the termination on the ground that the parents abandoned A.M.H. by willfully failing to visit her for four months. First, we hold that the statute of repose under section 36-1-113(q) of the Tennessee Code Annotated does not deprive this Court of jurisdiction to review the termination of parental rights. Second, because the undisputed evidence shows that there was animosity between the parties and that the parents were actively pursuing custody of A.M.H. through
legal proceedings during the four-month period immediately preceding the filing of the petition for termination of parental rights, we hold that the trial court erred in finding a willful failure to visit. Finally, we conclude that the parents' consent to transfer custody and guardianship of A.M.H. to the appellees was not made with knowledge of the consequences of the transfer. Therefore, according
the parents those superior rights to the custody of their child that constitutional law mandates, only a showing of substantial harm that threatens the child's welfare may deprive the parents of the care and custody of A.M.H. Although A.M.H. has now been with the appellees for more than seven years, six of those years elapsed after the parents' first unsuccessful legal filing to regain custody.
Evidence that A.M.H. will be harmed from a change in custody because she has lived and bonded with the Bakers during the pendency of the litigation does not constitute the substantial harm required to prevent the parents from regaining custody. For the reasons discussed below, the
judgment of the Court of Appeals is reversed, and this case is remanded to the chancery court to be expeditiously transferred to the Juvenile Court of Shelby County for the entry of an order that implements a plan to reunite A.M.H. with her natural parents.

We granted permission to appeal in this habeas corpus case to consider the legality of a sentence imposed pursuant to a plea agreement. The agreed sentence exceeds the maximum available term in the offender Range but does not exceed the maximum punishment authorized for the offense. For the reasons explained herein, we conclude that the plea-bargained sentence is legal. Thus, the
judgment of the Court of Criminal Appeals dismissing the petition for writ of habeas corpus is affirmed.

The petitioner, Charles G. Summers, filed a habeas corpus petition challenging the legality of his concurrent sentence for misdemeanor escape. The trial court summarily dismissed the petition. The Court of Criminal Appeals reversed, concluding that Summers should be afforded the benefit of counsel and an opportunity to prove his allegations to the trial court under McLaney v. Bell, 59
S.W.3d 90 (Tenn. 2001). We granted the State's application for permission to appeal. For the reasons stated herein, we overrule McLaney to the extent that it can be interpreted to require the appointment of counsel and a hearing whenever a pro se habeas corpus petition alleges that an agreed sentence is illegal based on facts not apparent from the face of the judgment. We hold that summary dismissal may be proper when, as in this case, the petitioner fails to attach to the habeas corpus petition pertinent documents from the record of the underlying proceedings to support his factual assertions. Accordingly, we reverse the judgment of the Court of Criminal Appeals and reinstate the
trial court's judgment dismissing the petition for writ of habeas corpus.

This workers' compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing, findings of fact, and conclusions of law. The trial court awarded
the employee benefits based on 17.5 percent permanent partial disability to the whole body for an injury to the left shoulder. On appeal, the employer contends that the award of 17.5 percent should be reduced to 7.5 percent based upon an anatomical impairment rating of 3 percent by the employee's treating physician. After a careful review of the record, we find no error in the trial court's award of 17.5 percent vocational disability. Accordingly, the judgment of the trial court is affirmed.

This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. Section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The trial court awarded the employee, Steven Quincy Manchester (Manchester), an eighteen percent permanent partial disability award based upon a twelve percent impairment rating. The trial court also determined the employer, Bridgestone Firestone, Inc. (Bridgestone) was not entitled to a credit for a portion of the temporary total
benefits it paid to the employee. Bridgestone has appealed, contending the trial court erred in that the impairment rating was not supported by the medical evidence and in not allowing the credit it claimed. We modify the trial court's judgment by reducing the impairment rating to ten percent to conform to the evidence presented, and remand the case to the trial court for determination of permanent partial disability. We affirm the trial court's judgment disallowing a set off for the temporary total benefits paid by Bridgestone.

In their complaint, the plaintiffs, Gil Cartwright and G & C Flowers, Inc., alleged that the defendant's negligent assembly and installation of a walk-in cooler damaged their property, including damage to a retail business. The defendant filed a motion for summary judgment, asserting
that the suit is barred by T.C.A. Section 28-3-202 (2000), which prescribes a four-year statute of repose on "all actions to recover damages for any deficiency in the . . . construction of an improvement to real property." (Emphasis added). The trial court granted the defendant's motion. The plaintiffs appeal, primarily arguing that the trial court erred in finding that the walk-in cooler constitutes an
"improvement to real property," thereby subjecting the plaintiffs' cause of action to the subject period of repose. We affirm.

The Legislature has specified a number of grounds upon which an individual's parental rights can be terminated. Among those grounds is the following: The parent has been confined in a correctional or detention facility of any type, by order of the court as a result of a criminal act, under a
sentence of ten (10) or more years, and the child is under eight (8) years of age at the time the sentence is entered by the court. T.C.A. Section 36-1-113(g)(6) (2005). Pursuant to this provision, the trial court terminated the parental
rights of C.J.B. (Father) to his biological child, J.K.W. (the child). The court also held that there was evidence, of a clear and convincing nature, that termination is in the best interest of the child. At trial, Father challenged, among other things, the constitutionality of T.C.A. Section 36-1-113(g)(6), claiming that the statute was not narrowly tailored to serve a compelling state interest and, therefore,
does not pass the constitutional test of strict scrutiny. The trial court found the statute to be constitutional. Father's sole challenge on appeal is directed at this ruling. We conclude that T.C.A. Section 36-1-113(g)(6) is narrowly tailored to serve a compelling state interest. Accordingly, we affirm the trial court's judgment.

In this interlocutory appeal, the issue we address is which trial court -- the Rhea County Family Court, the Williamson County Chancery Court, or the Rhea County Juvenile Court -- has jurisdiction to adjudicate the parties' post-divorce disputes. We hold that pursuant to the prior suit pending
doctrine, the tribunal where the first petition was filed, the Rhea County Family Court, has subject matter jurisdiction. We therefore dismiss the later-filed actions in Williamson County Chancery Court and Rhea County Juvenile Court, and vacate the orders entered by those courts.

American Bar Association President Karen Mathis was in Memphis today with Gov. Phil Bredesen and Shelby County Mayor A C Wharton, announcing a $3 million program to guide foster kids into adulthood. With a $1.5 million investment from the Day Foundation, the program will receive matching funds from the state and will be administered by the nonprofit agency Youth Villages.

The Shelby County Commission met yesterday to discuss plans for the juvenile court system, with one commissioner advocating the hiring of consultants to conduct a needs-assessment and another calling for a federal investigation into alleged discriminatory hiring practices and treatment of children. In the end, the commission voted 7-6 to delay action for two weeks.

Unicoi County's circuit court clerk professed her innocence yesterday as the Tennessee Bureau of Investigation continues to probe auditing problems in her office. While officials would not comment specifically on the problems, the county mayor confirmed that several thousands of dollars are missing or have been misappropriated.

An article in the Cleveland Banner today highlights the Bradley County Juvenile Court's numerous intervention programs, which are designed to keep young people out of the court system and prevent repeat offenses. Since 2002, the number of juveniles entering the county system has decreased due to these youth services.

House speaker Jimmy Naifeh, D-Covington, and Senate Speaker Ron Ramsey, R-Blountville, both say they plan to provide easier public access to voting records on the General Assembly's web site. Currently, votes are available only through an image file, which cannot be searched. The change would make floor votes easy to search and access by bill number or subject. In addition, Ramsey's plan includes Senate committee votes.

Kenneth W. Starr, former Solicitor General and D.C. Circuit Judge, will be at Vanderbilt University Law School on Thursday to speak on Morse and the Juneau School Board et. al. v. Frederick (09-278), a free speech case popularly known as the "Bong Hits for Jesus" case. Starr will argue the case before the Supreme Court this term.

U.S. District Judge Bernice Donald of Memphis will address attendees at the fourth Tennessee State NAACP Race Relations Summit on Jan. 27. Her remarks will be given at a luncheon at the Jackson Doubletree Hotel. Later that evening, U.S. Rep. John Tanner, D-Union City, will present the keynote address at the State Freedom Dinner. The summit runs Jan. 26-27. For more information call 731-660-5580 or email tnnaacp3@bellsouth.net